Q: Murder or self defense?
so you come home and you see your wife with another man she is cheating on you and you confront the guy right there and things get heated and he shoves you so you pull out your gun and shoot him dead. is this murder or self-defence because he is in your house but your wife also invited him in.
A:
Murder. The use of deadly force can be legally justified to protect from another person's unlawful use of DEADLY force. The shove may be an unlawful use of force, but it is not deadly force. Deadly force may also be legally justified to prevent certain crimes, but none of those crimes are described in your hypothetical.
To read more about when force can be legally justified, consult Chapter 9 of the Texas Penal Code.
A: What you describe is NOT self defense. The circumstances may affect the degree of the offense, but an offense has been committed.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
